Lawyer Reindorf Twumasi-Ankrah says the Food and Drugs Authority (FDA) is infringing on the human rights of Ghanaian celebrities.
The private legal practitioner, Twumasi-Ankrah in a lengthy article via the ghanalawhub.com tackled the recent issues surrounding between some Ghanaian celebrities including Kwame Dzokoto, Shatta Wale, Wendy Shay, Edem among others and the regulatory body, Mzgeegh.com reports.
The FDA in 2015 banned celebrities from advertising alcoholic beverages to protect minors from alcoholism.
The latest on the issue that got artistes talking is when Ghanaian alcoholic brand, Adonko signed Nigerian celebrities as their brand ambassadors.
While some Ghanaian celebs feel it is totally okay for FDA to ban celebrity alcohol endorsements, others like Edem, Shatta Wale have shown their displeasure.
Speaking to the matter, Lawyer Twumasi-Ankrah confirmed that the FDA under the Section 148 of the Public Health Act, 2012 (Act 851) had the power to make the “Guidelines for the Advertisement of Foods” but added that “the manufacture, sale, and consumption of alcohol by adults is not illegal in Ghana.”
According to him, “…the prohibition or ban imposed by the FDA on some persons in society raises serious human right and constitutional concerns. It is a well-known principle that freedoms or rights are generally not absolute, however, any prohibition or interference with one’s enjoyment of a right guaranteed under the 1992 constitution, must be measured bearing in mind the effect of the interference or prohibition on the right of the individual and not just the object or purpose of the prohibition or interference.”
“In effect, whether a prohibition/interference with a right as has been done by FDA will be permissible is determined by the effect of the prohibition or interference on the right and not just the object of the interference. So a policy may have good objectives but have the effect of depriving a person of a right.
“Having outlined the parameters within which an interference with a right is measured, we shall now proceed to address the potential effect(s) of the FDA guidelines on the guaranteed human rights of the persons affected by the ban.” He noted.
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By: ghanaweekend.com
